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Law “On Consular Offices of Turkmenistan Abroad”
Procedure for entry to and exit from Turkmenistan
Consular offices of Turkmenistan abroad and their functions
I. On Consular Offices of Turkmenistan Abroad
Legal bases of activity, procedure for establishing and functioning of consular offices of Turkmenistan, the appointment of their officers and employees, as well as the functions of consuls on safeguarding rights and interests of Turkmenistan, its nationals and bodies corporate abroad are defined in accordance with the Law of Turkmenistan “On Consular Offices of Turkmenistan Abroad.”Consular offices contribute to the development of friendly relations of Turkmenistan with other states, the expansion of economic, commercial, scientific, technical, cultural relations and tourism.Turkmenistan opens its consular offices in the countries with which consular relations are established.In the absence of agreements concerning the establishment of consular relations, the establishment of diplomatic relations is considered as the establishment of consular relations as well. Consular offices of Turkmenistan are opened and terminated by the decree of the President of Turkmenistan. A preliminary agreement on the opening of consular offices is based on bilateral interstate treaties, agreements and protocols.Consular offices in its activities are regulated by the Constitution of Turkmenistan, the current Law, other acts of the legislation of Turkmenistan, the universally-recognized norms of international law and international treaties towhich Turkmenistan is a party. Consular offices are includedinto the system of the Ministry of Foreign Affairs of Turkmenistan and are accountable to it for their activities.In the receivingstate consular offices operate under the general guidance of the head of the diplomatic mission of Turkmenistan in this state.
The consular offices of Turkmenistan are divided into the following groups:
The consular offices of diplomatic missions of Turkmenistan are managed by the head of consular departments who are called consuls general or consuls.
In the states where there are no diplomatic representations of Turkmenistan, with the consent of the receiving state,diplomatic functions can be also assigned to consular offices.
Consular offices of Turkmenistan,with the consent of the receiving state, can perform consular functions on behalf of the third state.
The consular office of a foreign state can perform consular functions on behalf of Turkmenistan in the third state.
The consular office of Turkmenistan, with the consent of the receiving state, and in the absence of objections of the third state can perform consular functions in this third state.
Procedure for performance of consular functions includes:
Consular functions concerning bodies corporate and nationals of Turkmenistan.
Consul is obliged to take measures so that national sand bodies corporate of Turkmenistan can be nefit from all rights provided by the legislation of the receiving state and international treaties to which Turkmenistan and the receiving state are parties, as well as international customs.
Moreover, consulimplementsnotarialacts, consular legalization, consular fees. Consular functions include actions concerning the warships of Turkmenistan,the vessels of Turkmenistan,the civil aircrafts of Turkmenistan,sanitary, photo-medical and veterinary protection.
II. Procedure for entry to and exist from Turkmenistan
Foreign citizens, stateless persons can enter to and stay in the territory of Turkmenistan on the basis of entry visas to Turkmenistan unless otherwise is provided by international agreements of Turkmenistan.The issuance of entry visasto Turkmenistan and the extension of the term of their validityfor foreign citizens, stateless persons is carried out in the following manner:in the territory of Turkmenistan - through the State Migration Service of Turkmenistan;outside Turkmenistan - through diplomatic representations and consular offices of Turkmenistan in foreign states.
Categories and types of visas and the procedure for their registration, issue and extension of the term of their validity are regulated by the Law of Turkmenistan “On Migration” and other regulations of Turkmenistan.
Bases for the issuance of visas for entry to Turkmenistan and exit from Turkmenistan and the extension of their term of validity of visas for foreign citizens, stateless persons are:
for the staff of diplomatic missions, consular establishments and other representations of foreign states equated to them and the international organizations in Turkmenistan, the foreign journalists accredited in Turkmenistan, and also for members of their families – the accreditation card which is given out by the Ministry of Foreign Affairs of Turkmenistan, and written requests of these representations, establishments and organizations;
for foreign citizens, stateless persons arriving to Turkmenistan through the accepting organizations of Turkmenistan and permanent foreign missions, - written requests of these organizations and representations;
for foreign citizens, stateless persons arriving to Turkmenistan with official and business purposes, - the written application of accepting organizations with the appendix of necessary documents certifying official or business trips;
for foreign citizens, stateless persons arriving to Turkmenistan for the purpose of implementation of labor activities, - the permission of the State Migration Service of Turkmenistan forthe implementation of labor activities in Turkmenistan;
for foreign citizens, stateless persons arriving to Turkmenistan on private affairs, - the invitation of individuals in the established sample or the written application of the foreign citizen, stateless persons;
for foreign citizens, stateless persons who have transit through the territory of Turkmenistan, - a personal statement with the appendix of the travel document with the visa of the nextstate;for foreign citizens, stateless persons arriving to Turkmenistan for tourism, - a personal statement or the written application of the accepting tourist organization;
for foreign citizens, stateless persons arriving to Turkmenistan for education – written applications of educational institutions;
for foreign citizens, stateless persons arriving to Turkmenistan for medical examination and treatment, - a personal statement and documents issued by medical institutions and confirming the need for arrivals of these persons in Turkmenistan;
for the individuals who are a part of crews of vehicles of foreign states engaged in the transportation of passengers and cargos on international messages, - a personal statement or the written application of the accepting organization;
in case of arrival of a foreign citizen and stateless person in Turkmenistan without visaand stay in its territory, as well as in connection with cancellation or visa expiration - personal statement of these persons for the issuance of exit visa.
Forms of requests and the list of the documents enclosed to the request shall be approved by the State Migration Service of Turkmenistan.
Foreign citizens, stateless persons are obliged to leave Turkmenistan in the following cases:
Individuals, bodies corporateand accepting organizations that invite foreign citizens, stateless personsare obliged to explain their rights and duties provided by the legislation of Turkmenistan in due time, toprovide the observance of the legislation of Turkmenistan by them andto take measures for their timely registration and paperwork on stay in Turkmenistan, the implementation of work activities, the movement within the state, on removal from the record in connection with the termination of the established period of stay in the state and in connection with their departure from Turkmenistan.
III. Consular activity
IV. Consular offices of Turkmenistan abroad and their functions
1. Information on the procedure for the requirements of documents
Turkmen citizens may apply to the diplomatic missions and consular offices of Turkmenistan abroad to reclaim required documents. In cases where the required document of a citizen is in the territory of Turkmenistan, the following procedure of claim is applied.The person concerned addresses to the diplomatic mission or consular office in the state of his residence and fills two copies of the application form foreach claimed document and pays the appropriate visa fee.Filled request is sent by a diplomatic mission or consular office through the Consular Office (CO) at the Ministry of Foreign Affairs of Turkmenistan in appropriate archival institutions in the territory of Turkmenistan. After searching, archival institutions return requested documents to the diplomatic mission or consular officethrough the CO of the Ministry of Foreign Affairs of Turkmenistan. In cases where the search of document is not possible, archival institution shall inform the applicant through the CO of the Ministry of Foreign Affairs of Turkmenistan.Originals of passports, work books, military cards are not subject to a claim, sending abroad. If necessary, references on length of service and military service can be sent abroad.
Depending on the category of the request for claim of documents, its implementation in Turkmenistan is carried out by the following bodies:
People living in Turkmenistan, Turkmen citizens can request the CO of the Ministry of Foreign Affairs of Turkmenistan for the claim of documents from other states.The claim procedure depends on the completeness of the input data and the requirements of the legislation of the state ofthe origin of the document. It should be taken into account that the claim of documents from abroad requires a long time.
2. Information on the procedure of legalization of documents
Legalization is a proof for the document emanating from the authorities of the state or compiled with the assistance of the authorities and consistent with the law of that state. It lies in the authentication of signature of the person signing the document and the seal of the authorized state body.In accordance with international practice, there is no need for the legalization of passports and substituting documents.The documents and acts that are contrary to the laws of Turkmenistan or its content may harm the interests of Turkmenistan or contain information discrediting the honor and dignity of citizens, as well as the originals and copies of passports, work books, military cards, identity cards, the ownership of the property, documents that are directly related to commercial or customs operations (accounts, documents on the movement of goods across the border, the agreement for the supply of goods, customs declarations, etc.) are not subject to legalization. Legalization of documents for use abroad.
Legalization of documents for use abroad is carried out in the following manner: